Ask A Lawyer

Comcast has told me it intends to enter my property to provide cable and internet services to residents. The last time Comcast came onto my property, it caused significant damage that I had to repair, so I do not want them to return. Can they come onto my property without permission?

Unfortunately, the answer is most likely yes. Under the Landlord and Tenant Act, a cable company has the right to install services on a rental property, which includes manufactured home communities, when requested by a tenant. Once a request is made, the landlord cannot refuse to allow the tenant to receive cable TV or internet service from the provider of the tenant’s choice.

However, there are several conditions to this. First, Comcast must pay you compensation for the loss in value of the property resulting from the installation of lines and equipment. In short, when Comcast installs its lines and systems, it constitutes a ” legal” taking of property for which you are entitled to “just compensation. ” If you and Comcast cannot agree on the amount of compensation, an arbitrator decides. If you cannot provide clear evidence of loss, the arbitrator would likely award a nominal amount. Thus, you would likely be better off negotiating the amount of the loss with Comcast.

Second, Comcast is required to restore the property after it installs its service lines and equipment and/or compensate you for the damage resulting from the installation. This also applies to Comcast’s removal of such lines and equipment.

Third, you have the right to impose reasonable conditions on the installation. The Act allows you to impose reasonable conditions to protect the safety, function and appearance of your property, as well as the convenience and wellbeing of your tenants. This may include the location of the main parts of the system and the overall appearance of the installation. The Act also requires that cable connections be made at the same location as existing public utility connections, when possible and that installations minimize physical intrusion on the property, when possible.

In summary, while you cannot prevent Comcast from entering your property, you have some control over the process. If Comcast does not cooperate with you, I recommend that you involve your lawyer.

I own several manufactured home communities and recently bought an apartment community. I have a good lease for my manufactured home communities that a lawyer drafted for me. Rather than incurring the expense of preparing a new lease, I want to use my current lease for my apartment residents. Can I do this?

No. You should have separate leases for each type of community. This is because different laws and rules apply to each. Specifically, your manufactured home community residents have rights, and you have obligations under the Manufactured Home Community Rights Act (MHCRA) that do not apply to your apartment communities. If you use the same lease at your apartment community, you will be granting those tenants rights and undertaking unnecessary obligations. I highly recommend that you use a different lease that is geared specifically to apartment residents.

Following up, some of the residents in my community rent the home and lot from me. Should I have a different lease for them?

Yes, just as apartment renters are not covered by the MHCRA, your tenants who rent the homes from you are also not covered. The MHCRA covers only those residents who own their homes. I recommend using a different lease so that you are not giving the home renters rights that would result in you undertaking obligations regarding them that are unnecessary.